The UK Court of Appeal affirmed a prior decision declaring recent protest regulations unlawful, responding to a challenge mounted by the National Council for Civil Liberties, known as Liberty. Liberty contended that the regulations, introduced under the Public Order Act 1986 as amended by the Police, Crime, Sentencing and Courts Act 2022, overstepped legal boundaries by altering the conditions under which police could impose limitations on protests. Specifically, the regulations reduced the threshold for police intervention from instances of “serious disruption” to those causing “more than minor” disruption. This shift was previously rejected during primary legislative debates in the House of Lords but was later enacted via secondary legislation by then Home Secretary Suella Braverman.
The appellate court’s unanimous decision, delivered by Lord Justice Underhill, Lord Justice Dingemans, and Lord Justice Edis, clearly rejected the government’s appeal. The judges emphasized that a “serious disruption” entails a “high threshold,” which was not met by reclassifying disruptions as merely “more than minor.” The lower threshold defied the statutory language and undermined constitutional principles, the court held (Court Ruling).
Liberty celebrated the judgment as a significant triumph for democratic principles and the rule of law. Akiko Hart, Liberty’s Director, described the enactment of these regulations as a “flagrant abuse of power,” and asserted that judicial consensus across multiple rulings confirms that ministers cannot arbitrarily adjust legal definitions to fit their agendas (Liberty Statement).
The case has drawn attention to the balance between protest rights and public order, reaffirming the critical role of the judiciary in maintaining this equilibrium. Liberty’s legal team highlighted the case as pivotal for ensuring accountability and protecting the fundamental right to protest, which remains a “cornerstone of democracy.”
As noted in prior judicial proceedings, this contentious law has been instrumental in several arrests and prosecutions over the past year. Liberty has urged the government to reassess all such cases and to revoke the offending regulation entirely. A formal decision on the potential revocation is anticipated in the near future (Further Reading).